How to Serve Legal Papers Out of State

Crystal Schuder July 11, 2018

Process servers in Texas are responsible for delivering summons, complaints, subpoenas, divorce papers, eviction notices, and other types of legal documents with the purpose of informing designated parties that an impending lawsuit or court case is being filed against them. The regulations that dictate court proceedings typically vary on a case-by-case basis. Additionally, each state usually has their own unique set of regulations when it comes to court proceedings. That’s why it’s essential to hire a reputable, knowledgeable, and reliable process server who knows how to serve court papers out of state.

Who Can Serve Legal Papers Out of State?

Since the rules of civil procedure can vary drastically from one state to another and even within different regions of each state, professional nationwide process servers must receive special training and certification to work across all 50 states. While some process servers prefer to focus on local cases, others may choose to expand their horizons and take on a much broader range of cases that allow them to travel all over the country. In order to do this successfully, it’s important to be familiar with the unique legal processes in each state.

When pursuing a potential defendant who happens to be in a different state, process servers are required by federal law to comply with the rules of civil procedure that are outlined in all states involved. This includes the state in which the lawsuit is being filed and the state where the defendant can be found, regardless of whether they’re living there or simply visiting.

Serving Legal Papers Out of State

Professional Texas process servers are expected to thoroughly research the rules of civil procedure in each state they serve to ascertain the utmost of accuracy and efficiency. Even the slightest piece of misinformation or wrongdoing throughout your process of service can severely hinder your case and can even be grounds for dismissal altogether, which means you’d either be ineligible to refile the same lawsuit or you have to start from the beginning. As a result, process servers in the United States should adhere to the following:

Make Sure Out of State Service of Process Is Allowed for Your Case

There are many factors that can affect the outcome of a case, for better or worse. One of the most important considerations is making sure that all legal proceedings are done according to the letter of the law in every state involved. On top of that, you also need to make sure that your specific case allows for out of state service of process. If set precedents or existing legislation doesn’t allow for that, then you may need to obtain special permission from the presiding judge.

Know the Rules of Civil Procedure in Each Case

Process servers who specialize in nationwide service of process should have an all-encompassing and in-depth knowledge of the rules of civil procedure that govern each state. They should also be vastly aware of all changes to legislation and set precedents so that they can accurately and efficiently perform their jobs without potentially jeopardizing your case.

Nationwide Process Servers Should Be Fully Licensed

Certain states require that process servers must undergo special training to certify them to work within their legal jurisdictions. Considering the vast depth of the legal processes in each state, it makes sense that process servers should be properly trained and educated in this particular area. After all, this is a massive responsibility and you want to make sure it’s done by someone who knows exactly what they’re doing.

Gather as Much Information as Possible

One of the most important assets your process server has on their side is information. Despite the fact that their job is highly research driven, it’s essential that you provide them with the proper building blocks they need in order to successfully locate and serve your intended party, whether it’s an individual, a group of people, or a corporation. Provide as many details as you possibly can, even if you think they’re insignificant. Every little piece of information helps in the process of serving the right individuals.

Cross the T’s and Dot the I’s

Your process server should explain every aspect of the service of process they’re performing on your behalf so that you’re always aware of everything that’s happening in your case. After carefully reviewing the information provided in your paperwork, they should then take the time to go over everything with you one last time before officially submitting it to the appropriate courthouse. As mentioned, even the slightest error or inconsistency can be grounds for the dismissal or delay of your case and that’s the last thing you want. Even missing the deadline to submit your legal documents can severely hold your case back. A reputable and experienced process server will do everything in their power to prevent this from happening.

Can You Be Served Out of State?

Yes, anyone can be served legal documents whether they’re currently located in the same state or somewhere else. On top of that, there are a number of different methods to serve legal documents including mail courier services, e-mail, in-person, to an alternate individual of a certain age who resides with the intended recipient (the legal age varies from state to state), or even to the intended recipient’s workplace. As long as the person accepting the document on the defendant’s behalf can be trusted to pass on the documents, they can still be served.

If you need to have an out of state summons served or have endlessly been searching for “process servers near me”, then Professional Court Services is ready to help you. Our courteous, compassionate, and precise service of process procedures have helped countless clients submit their court documents in a timely and efficient manner. To discuss the details of your court case and learn more about how we can help you serve out of state legal documents, please contact us.

Crystal Schuder

Crystal Schuder is part-owner of Professional Court Services. She has been in the process filing industry since 2004 and has years of courthouse experience under her belt. Crystal has worked with numerous attorneys, judges, and other courthouse personnel over the years and has developed a strong reputation for her professionalism within the industry.

Author: Crystal Schuder

Crystal Schuder is part-owner of Professional Court Services. She has been in the process filing industry since 2004 and has years of courthouse experience under her belt. Crystal has worked with numerous attorneys, judges, and other courthouse personnel over the years and has developed a strong reputation for her professionalism within the industry.
View all posts by Crystal Schuder

The content in our blog articles is for general information purposes only and should not be used in the place of legal advice. Professional Court Services strives to provide content that is accurate and timely as of the date of writing; however, we assume no legal liability or responsibility for the accuracy, timeliness or usefulness of any information in the articles.

For legal advice, readers should contact a licensed attorney and consult the appropriate documentation for information on individual state laws.